Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Attorney Fees Ruling
Copyright Infringement. The U.S. District Court for the Southern District of New York awarded attorney fees and costs to the defense in a suit that alleged the song 'Stand Up' by hip-hop artists Ludacris and Kanye West infringed the plaintiff's composition 'Straight Like That.' BMS Entertainment/Heat Music LLC v. Bridges, 04 Civ. 2584 (PKC). A jury found in favor of the defendants. In its attorney-fees ruling, the district court noted that the failure of plaintiffs' counsel to comply with court orders during the litigation 'was not a fleeting episode ' Moreover, the unwillingness of the plaintiff's expert to comply with requests from [plaintiffs' counsel Ernest] Savoy was, in substantial part, due to non-payment of the experts' fees, which may be fairly laid at the feet of the plaintiffs.'
In the Second Circuit, within which the Southern District resides, a 'presumptively reasonable fee' includes 'the reasonable hourly rate that a paying client would be willing to pay, taking all case specific variable[s] into account.' The Manhattan federal district court accepted that because 'Stand Up' was a major hit, it 'was, therefore, reasonable for the Bridges Defendants to hire experienced copyright counsel.'
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.